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2011 Supreme(Raj) 2766

AJAY RASTOGI
Sheonath – Appellant
Versus
Damodar – Respondent


For the Petitioners (Sheonath and others):Hemraj Gaur for P.C. Jain, Advocates
For the Respondents (Damodar and others):Ajay Kr. Bajpai, Advocate.
For the Respondents No. 2 (Babulal)(CWP - 7753/2008):Sanjay Joshi, Advocate.

JUDGMENT

1. - Both the petitions at joint request since arises out of self-same subject land were heard together and are being disposed of by present order.

2. CWP-9581/2007 Sheonath & Ors v. Damodar & Ors is directed against order dated 20/08/2007 passed by the Board of Revenue.

3. As alleged, regarding Khasra No. 181/1 measuring 15 bighas of agricultural land situated vt aillge Ram-Agawali Tehsil Sikrai, District Dausa, Suit No. 49/1999 seeking permanent injunction was filed by respondents (Damodar & Ors) against petitioners (Sheonath & Ors) before Assistant Collector (II), Dausa Camp at Sikrai, which came to be decreed vide judgment dated 31/03/2001.

4. It is relevant to record that pendente revenue suit, plaintiff-4 (Rameshwar) & Kana (defendant-11) died; however, their legal representatives were not brought on record by the time the suit was decreed on 31/03/2011 against present petitioners preferred appeal before Revenue Appellate Authority ("RAA"), which came to be allowed and the findings of revenue court was reversed by RAA holding that the suit itself was not maintainable since plaintiffs were not in possession on the date of filing of the suit and at the same time, it was











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